Terms And Conditions Of Use And Agreement

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING ANY MATERIAL ON THIS SITE OR USING ANY OF THE SERVICES PROVIDED. BY ACCESSING ANY MATERIAL ON THIS SITE OR USING ANY OF THE SERVICES PROVIDED, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE, THAT YOU UNDERSTAND THEM AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE OR ANY OF THE SERVICES PROVIDED.

Medela, Inc. maintains this site (“Site”) for your personal entertainment, information, education and communication. Please feel free to browse the Site. Unless otherwise indicated, the contents of this Site are the property of Medela, Inc. and are protected, without limitation, pursuant to U.S. and foreign trademark, copyright and other intellectual property laws. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all trademark, copyright and other proprietary notices contained in the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, including the text, images, audio, and video without Medela, Inc.’s written permission. For purposes of this agreement, the use of any such material on any other website or computer environment is prohibited without the express written consent of Medela, Inc.

Your access and use of the Site is also subject to the following additional terms and conditions and all applicable laws. You acknowledge that any other agreements between you and Medela, Inc. relating to this subject matter are superseded and have no force or effect.

Copyrights and Trademarks

You should assume that everything you see or read on the Site is copyrighted and/or subject to trademark protection, unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Medela, Inc. Medela, Inc. neither warrants nor represents that your browsing of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Medela, Inc.

Content

While Medela, Inc. uses reasonable efforts to include accurate and up-to-date information on the Site, Medela, Inc. makes no warranties or representations as to its accuracy. Medela, Inc. assumes no liability or responsibility for any errors or omissions in the content on the Site. Medela, Inc. reserves the right to modify or discontinue at any time any part or all of this Site with or without notice. It is understood and agreed that Medela, Inc. shall not be liable for any modification or discontinuance of the Site.

Limitation of Liability

Neither Medela, Inc. nor any other party involved in creating, producing or delivering the Site is liable for any direct damages, indirect, incidental or consequential damages, lost profits, lost sales, or punitive or enhanced damages arising out of your access to, or use of, the Site.

Exclusion of Warranties

Your browsing of the Site is at your risk. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU AAS IS@ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Medela, Inc. also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, including, but not limited to, data, text, images, video, or audio from the Site.

State Law Prohibitions

THE LAWS OF SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS, WHICH MAY VARY FROM STATE TO STATE.

Communications to Medela

Any communication or material you transmit to the Site by electronic mail or otherwise, including but not limited to any data, questions, comments, suggestions, and the like, will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Medela, Inc. or its affiliates for any purposes, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Medela, Inc. is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.

Indemnity

You agree to indemnify and hold Medela, Inc. and its affiliates, officers, agents and employees harmless from any and all claims or demands including reasonable attorneys’ fees and expenses made by any third party arising out of or relating to any communications you submit, transmit, post, or otherwise provide to the Site or arising out of any breach of these Terms and Conditions of Use and Agreement.

Trademarks

Medela™, PumpInStyle™, Lactina™, Symphony™ and all other trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, are registered and unregistered Trademarks of Medela, Inc. and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Medela, Inc. or the third party owner of such Trademark. Your misuse of the Trademark, or any content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Medela, Inc. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Links

Medela, Inc. has not reviewed all of the sites linked to the Site. Thus, Medela, Inc. does not endorse, make any representations and is not responsible for the contents of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.

Risk of Loss

Any and all products purchased from Medela.com are made pursuant to a purchase contract. Risk of loss passes to you upon our delivery to the carrier, and Medela, Inc. will not be liable for damage to such products during shipment.

Applicable Law

These Terms and Conditions of Use and Agreement shall be interpreted in accordance with the laws of the State of Illinois.

Headings

The headings listed in these Terms and Conditions of Use and Agreement are provided for convenience only and will not affect their construction or interpretation.

General

This Agreement represents the entire agreement relating to the use of this Site. Medela, Inc.’s failure to enforce any right or provisions of this Agreement does not constitute a waiver of that right or provision. Medela, Inc. may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Condition to which you are bound. Medela, Inc. may, in its sole discretion, terminate or suspend your access to all or part of the Site for any reason, or for no reason, including, without limitation, breach of these Terms and Conditions of Use and Agreement.

For additional terms and conditions, see the Privacy Statement contained on this Site.